Wolter v. Liebmann
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiffs from an order setting aside an order for substituted service and vacating a judgment by default in the Municipal Court of the city of New York, twelfth district, borough of Manhattan.
1Opinion of the CourtMacLean, J.
An order for substituted service was made upon a marshal’s formal certificate of diligent efforts and inability to find the defendant and upon the affidavit of the attorney’s clerk asserting baldly that he had made diligent attempts to serve the defendant, a resident of the city of New York and the wife of H. L. Liebmann (of a given address), but at times living separate from him and recently residing at 501 West One Hundred and Fifteenth street, “ but she has removed her things from the said address,” and that he had made diligent effort to locate her but the place of her sojourn could not…
2Cited by5 opinions
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- Nichols v. EmmettNew York Supreme Court · 1907
- Allen v. FormanCity of New York Municipal Court · 1944
- Held v. BroadbeltAppellate Terms of the Supreme Court of New York · 1909
- Rosenberg v. Fireman's InsuranceAppellate Terms of the Supreme Court of New York · 1910